Lawyers Give DUI Cases Careful Scrutiny

Friday

Aug 16, 2013 at 10:40 PM

LAKELAND | Polk County's defense lawyers are keeping a close eye on the Lakeland Police Department's DUI squad and its reports.

By JEREMY MAREADYTHE LEDGER

LAKELAND | Polk County's defense lawyers are keeping a close eye on the Lakeland Police Department's DUI squad and its reports.Prosecutors recently dismissed 45 DUI cases worked by an officer and sergeant, whose testimony State Attorney Jerry Hill deemed untruthful.Following that action, Police Chief Lisa Womack ordered a review of the department's pending DUI cases, which concluded last week and found no glaring errors.The department reviewed the cases searching for mistakes that defense lawyers might seize on, aware that the lawyers "talk to one another," sharing defense tactics, Assistant Chief Larry Giddens said.Several lawyers questioned by The Ledger said LPD's findings were not a big surprise and said if LPD really wanted a real review of the department's practices on DUI enforcement, they should have asked a defense lawyer from outside the county."I don't know what they are looking for when they say that," Lakeland lawyer Thomas Grajek said recently. "What does that mean? What good is that? Why not ask a defense attorney from another county to come in and look at them? We're the ones that know what to look for. We have more invested in that than they do."The controversy was uncovered during a June trial during which LPD Officer David Edds testified he had a DUI suspect sign a mostly blank form then filled it in later; had another officer sign the sworn document days afterward without actually witnessing the signature; and made changes to another report that already had been sworn to by the officer, potentially committing a criminal offense, according to court recordings reviewed by The Ledger.His supervising officer was Sgt. Raymond Lloyd, who also came under investigation by the State Attorney's Office.Edds' June testimony came during questioning by Grajek, who had discovered discrepancies in Edds' paperwork at an unrelated trial.Grajek said he "got lucky" with Edds' case, which ultimately led to the acquittal of his client, Kenneth Scott Barber of Lakeland.He has one case that has been dropped and another is under review to see if a similar instance happened with another LPD officer."I haven't found it yet, but I've been looking," he said. "It's hard to prove. If the guy doesn't tell you, it's hard to prove."To prove it, Grajek said, you sometimes have to compare timecard reports to see if the officer who notarized the document was actually working that day or signed the reports a different day.Bartow lawyer John Liguori said even before the recent discoveries of reporting problems, he has found numerous problems with LPD's DUI cases and thinks officers in the specialized unit can be "fast and loose" when it comes to making arrests."Nothing that they say shocks me when it comes to their DUI squad," said Liguori, who had six clients whose cases were dropped in the State Attorney's Office review. "Every case I have allows me to demonstrate their ineptitude."He agreed with Grajek's assessment that a good review of the department would include a defense lawyer, adding, "We very quickly know who the bad cops are. We see them every day."In one case, Liguori watched as a prosecutor asked a jury if the state could get a fair trial given the numerous publicized problems at the department."They are not serving the citizens of Lakeland," Liguori said. "If the police don't respect the law, there is no law."Liguori also said the integrity of the entire LPD DUI unit needs to be called into question following Edds testimony that all officers do what he admitted to in June."All is simple to define," he said. "All means all."Bartow lawyer Rusty Franklin said one of his cases was dismissed because of Edds, and another one is pending, he said. "It's not resolved yet. We're trying to work through it."Lakeland lawyer Kevin Humphries said he has heard rumblings among judges and lawyers about the problems facing LPD and its cases, which he, too, is reviewing closer.Two of his clients have had their cases dismissed, he said."When you have officers in that trust position that routinely bend the rules ... that's just another tip on the scales to the public and general citizens," Humphries said.

[ Jeremy Maready can be reached at jeremy.maready@theledger.com or 863-802- 7592. Ledger reporter Matthew Pleasant contributed to this report. ]